Judge: American Optical Can't Rely on 3M Sales Affidavit to Support Removal

LONDON, Ky. - An affidavit filed in another, related case cannot be used to support allegations that a resident supplier of respiratory protection equipment was fraudulently joined to a suit alleging injury caused by silica dust, a federal judge has ruled. Hubbard v. American Optical Corp., et al., No. 06-357 (E.D. Ky.).

In a Jan. 26 opinion, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky held that the affidavit used by a respirator defendant to show that the non-diverse supplier never sold masks manufactured by any of the defendants named in the suit …